Insurance

  • February 12, 2018

    Insurer Fights $17.3M In Coverage For Pelvic Mesh Claims

    A Medmarc Casualty Insurance Co. unit on Friday hit medical device maker Medtronic PLC with a suit in Virginia federal court, alleging Medtronic negotiated a sloppy and deceitful settlement to end underlying pelvic mesh claims and is therefore not entitled to $17.3 million in coverage.

  • February 12, 2018

    Ace Fights $1.1M Pollution Award Coverage At 11th Circ.

    Ace American Insurance Co. told the Eleventh Circuit on Friday that a Georgia federal judge erred in forcing it to cover now-bankrupt Exide Technologies for a $1.1 million judgment over acid damage at a battery factory owned by Wattles Co., asserting Exide's policy was meant to contain an exclusion for pollution claims.

  • February 12, 2018

    WorldLink Can't Revive Coverage Bid, Insurer Tells 5th Circ.

    RSUI Indemnity Co. on Friday asked the Fifth Circuit to turn down staffing agency Adi WorldLink LLC’s attempt to revive its claim for coverage for a chain of employee arbitrations, saying because the first claim was late it had the right to reject the entire batch.

  • February 12, 2018

    Connell Foley Nabs LeClairRyan Trial Group In Newark

    Connell Foley LLP has added 11 LeClairRyan trial attorneys to its Newark, New Jersey, office in a coup that the firm on Monday said will boost its litigation, insurance and professional and products liability practices.

  • February 9, 2018

    T-Mobile Tells 9th Circ. Wash. Justices Should Weigh Case

    T-Mobile has asked the Ninth Circuit to overturn a lower court ruling that allowed an insurer to dodge coverage on a legal theory that materialized only years after T-Mobile filed its claim, with the telecom calling its case a “textbook example” of why Washington’s equitable estoppel doctrine exists and floating the possibility of certification to the state’s Supreme Court.

  • February 9, 2018

    DOJ Slams Hospital Chain In Surgery Center's Antitrust Row

    The U.S. Department of Justice has gone to bat for Marion HealthCare LLC in the surgery center’s antitrust suit against Southern Illinois Healthcare, telling an Illinois federal court SIH is wrong to argue that an appeals court ruling means its disputed insurance contracts are legal “as a matter of law.”

  • February 9, 2018

    Apple, Cisco Venture Could Fuel Cyberinsurance Market Surge

    Apple and Cisco recently announced they are teaming with two insurers to offer discounted cyberinsurance policies for companies that use the tech giants' products to help guard against digital threats, a partnership that experts say could spur the sale of cyber coverage among reluctant businesses scared off by high premiums and daunting deductibles.

  • February 9, 2018

    7th Circ. Says Appeal Of Undefined Attys' Fees Premature

    Jackson National Life Insurance Co. can't appeal a ruling that it must pay attorneys' fees to a customer in a death benefit dispute until the lower court says how much the company owes, the Seventh Circuit said Friday in tossing the case.

  • February 9, 2018

    State Farm Must Face RICO Claims Over Campaign Funding

    An Illinois federal judge has refused to drop a class action alleging State Farm secretly funneled millions to a judge’s election campaign with hopes that he’d overturn a state court’s $1.05 billion judgment against it, rejecting the insurer’s argument that the racketeering claims are an attempt to relitigate the state court case.

  • February 9, 2018

    Kindred Shareholders Sue Over $4.1B Deal's Missing Info

    A putative class of Kindred Healthcare Inc. shareholders launched a lawsuit in Delaware federal court Thursday over its $4.1 billion acquisition by Humana and two private equity firms, alleging that the company filed an incomplete proxy statement that does not allow them to assess the fairness of the deal.

  • February 9, 2018

    UK Litigation Roundup: Here's What You Missed In London

    The last week has seen another contract suit against Hilton Worldwide and BayernLB, a New York investment manager lodge a professional negligence claim against RSM Corporate Finance, and an insurance brokerage sue Barclays. Here, Law360 looks at those and other new claims in the U.K.

  • February 8, 2018

    Maritime Co. Loses Bid For $2.5M Antitrust Case Coverage

    An AIG unit does not have to pay the $2.5 million Crowley Maritime Corp. spent defending an executive from antitrust allegations, a Florida federal court said Thursday, finding Crowley is stuck in a legal “Catch-22” that leaves it unable to use new information to unlock previously denied coverage.

  • February 8, 2018

    Ex-Shields Pharmacy Exec Asks 1st Circ. To Allow FCA Claim

    Counsel for a fired pharmacy executive argued before the First Circuit on Thursday that health care providers that establish contracts through anti-competitive practices should be held liable for false claims charged to government insurance programs under those agreements.

  • February 8, 2018

    Claims Handler Must Face Suit Over $7.2M Asbestos Verdict

    In a judgment made public Tuesday, a New York state judge denied a motion by a claims management company indirectly owned by Warren Buffett’s Berkshire Hathaway Inc. to escape a suit claiming it blocked some of the payout on a $7.2 mesothelioma verdict claim, saying the plaintiff had made a sufficient case to go forward.

  • February 8, 2018

    Special Master Tapped For $38M Anthem Atty Fee Fight

    A former California judge was tapped as a special master Thursday to scrutinize $37.95 million in fees requested by 53 law firms in the Anthem Inc. data breach litigation, following worries that the many billers and their requested rates signal waste and padding.

  • February 8, 2018

    OneTitle CEO Warns Regulatory Change 'Leaves No Flexibility'

    A new regulation that bans New York title insurance companies from offering inducements to potential clients will fundamentally change the landscape for an industry long accustomed to the practice, OneTitle National Guaranty Co. Inc. CEO Daniel Price told Law360 in a recent interview.

  • February 8, 2018

    Top EU Court Clears Way To Block Dual Lloyd's Contract Bids

    European nations can bar Lloyd’s of London syndicates from bidding for public sector contracts if “unambiguous evidence” shows they failed to write up their tenders independently, the European Union's highest court said Thursday.

  • February 7, 2018

    1st Circ. Weighs Insuring Cosby Statements Against Accusers

    First Circuit judges in Boston on Wednesday considered whether an AIG insurer should have to help Bill Cosby fight lawsuits from women who say he defamed them after they accused him of sexual abuse.

  • February 7, 2018

    Judge Caps Escobar FCA Claims, Tells Attys 'Get On With It'

    A federal judge in Boston on Wednesday trimmed a False Claims Act lawsuit against Universal Health Services Inc. and ordered "full steam ahead" on the case that was bogged down in appellate disputes for years.

  • February 7, 2018

    Lawsuit Over $42M In Loans Could Kill $889M Greek Deal

    American billionaire John P. Calamos Sr. has hit a Dutch investment shop he reportedly co-founded with an Illinois state court suit seeking “immediate repayment” of $42 million in loans, potentially upending an $889 million deal between the onetime partners to purchase a Greek insurance company.

Expert Analysis

  • Series

    Judging A Book: Kendall Reviews 'On The Jury Trial'

    Judge Virginia Kendall

    As someone who spent half her days last year on the bench presiding over trials, I often find the alarmist calls to revamp the jury trial system a tad puzzling — why is making trial lawyers better rarely discussed? Then along comes a refreshing little manual called "On the Jury Trial: Principles and Practices for Effective Advocacy," by Thomas Melsheimer and Judge Craig Smith, says U.S. District Judge Virginia Kendall of the Northe... (continued)

  • Do I Need New Trial Counsel? 9 Questions To Ask

    Russell Hayman

    Initial selection of defense counsel is usually made at the outset of litigation, long before it is known whether the case may actually proceed to trial. Attorneys with McDermott Will & Emery discuss questions in-house lawyers should consider when deciding whether their litigation counsel should remain lead trial counsel in a case proceeding to trial.

  • Fixing Problems In The Texas Insurance Appraisal Process

    Steven Badger

    In recent years, use of the insurance appraisal process in Texas has grown exponentially. Gone are the days where three reputable and smart insurance professionals would get in a room and work cooperatively to fairly resolve a disputed claim. Instead, appraisal has become a tactical game, and abuses of the process are widespread, says Steven Badger of Zelle LLP.

  • Lessons From President Trump's Failed Judicial Nominations

    Arun Rao

    On Tuesday, the Trump administration announced 12 new judicial nominations. We will soon discover whether these candidates learned from the mistakes of the three nominees forced to withdraw in December after bipartisan concerns arose over their qualifications, says Arun Rao, executive VP of Investigative Group International.

  • How To Control Data As Technology Complicates E-Discovery

    Peter Ostrega

    While technology is making certain aspects of e-discovery faster and easier, it is also creating new challenges as quickly as we can provide solutions. The good news is that there are concrete steps businesses can take to address those challenges, says Peter Ostrega of Consilio LLC.

  • Clashing Marijuana Laws Create Insurer Anxiety

    Hernán Cipriotti

    The dichotomy between federal and state marijuana laws challenges courts to evaluate the validity of contracts, including insurance policies. While only a handful of such cases were litigated last year, insurers and marijuana businesses alike are anxious to see how courts will deal with certain claims expected to surface. Some of the latest case law comes from Arizona and Michigan, says Hernán Cipriotti of Zelle LLP.

  • How The Cybersecurity Legal Landscape Changed In 2017

    Jonathan Kolodner

    Over the last year, the existential risk posed by cyberattacks and data security vulnerabilities has become one of the top concerns for boards of directors, management, government agencies and the public. 2017 was punctuated by a series of headline-grabbing breaches, fast-moving regulatory developments around the globe, and record-breaking settlements by companies, say attorneys with Cleary Gottlieb Steen & Hamilton LLP.

  • Looking Back At The Life Settlements Industry In 2017

    Casey_Brian_Locke Lord LLP.jpg

    While 2017 was a relatively quiet year on the regulatory front for life settlements, Delaware and Florida adopted major legislative reforms that will affect the industry. Adjustments to the federal income tax code at the end of the year also brought some important changes, say Brian Casey and Thomas Sherman of Locke Lord LLP.

  • The Rise And Fall Of Statistical Sampling In RMBS Cases

    Amanda Lawrence

    In the early days of the residential mortgage-backed securities and repurchase litigation that followed the 2008 crisis, plaintiffs’ strategy of proving their allegations through statistical sampling was highly successful. However, in recent years, a new trend has emerged, say attorneys with Buckley Sandler LLP.

  • What To Do With Performance Bonds When Projects Default

    Gary Strong high rez.jpg

    Sureties have surety defenses which sometimes allow them to disclaim coverage under performance bonds. However, this often requires a long and lengthy litigation in which the surety must sustain multiple burdens of proof, says Gary Strong of Seiger Gfeller Laurie LLP.